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© Copyright and Privacy Notice 2008 NASSCO/General Dynamics Corporation, All Rights Reserved |
MILITARY SHIPBUILDING AND SHIP REPAIR PROGRAM
PURCHASE ORDER
SPECIAL TERMS AND CONDITIONS
FOR THE FORCE PROTECTION PROGRAM
TC-MIL-SPEC-FP Rev-0 November 2001
PART A. SPECIAL TERMS AND CONDITIONS
The following provisions supplement the provisions contained in Part A of NASSCO Military Shipbuilding/Ship Repair Programs Purchase Order General Terms and Conditions.
- Definitions.
- "Vessel" shall mean any ship, boat, barge or vessel located at Buyer’s facilities for any reason or located elsewhere and under construction, conversion, alteration, repair, overhaul or maintenance by Buyer under any Government contract.
Back to top - Inspection and Acceptance.
- Seller shall perform again Contract Work consisting of services that do not conform to this Contract.
- Buyer may require Seller to take necessary action to ensure that future performance of Contract Work conforms to this Contract, and Buyer may equitably reduce the Contract price to reflect the reduced value of any defective Contract Work accepted by Buyer that cannot be corrected by reperformance, repair or replacement.
- The Government may, from time to time, designate certain Contract Work for Government Quality Assurance at Source (GQAS). Upon such designation, the Seller shall furnish advance notification of the time (i) when Seller’s inspection or tests will be performed in accordance with the terms and conditions of this Contract and (ii) when the Contract Work will be ready for Government inspection. The period and method of the advance notification, and the Government representative to whom it shall be furnished, shall be specified by the Government, but shall not require more than two (2) workdays of advance notification if the Government representative is in residence in the Seller’s plant, nor more than seven (7) workdays in other instances.
- Acceptance of Contract Work shall be conclusive except with respect to latent defects, fraud or gross mistakes amounting to fraud. In such cases, Buyer, in addition to any other rights and remedies provided by law, or under other provisions of this Contract, shall have the right to require Seller (i) at no increase in the Contract price, to repair or replace the defective or nonconforming Contract Work at the original point of delivery, or at Seller's plant, or at the location of any Vessel at Buyer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between Seller and Buyer; provided, that Buyer may require a reduction in Contract price if Seller fails to meet such delivery schedule, or (ii) within a reasonable time after receipt by Seller of notice of defects or nonconformance, to repay such portion of the Contract as is equitable under the circumstances if Buyer elects not to require correction or replacement. When Contract Work is returned to Seller, Seller shall bear the transportation cost from the original point of delivery to Seller's plant and return to the original point when that point is not Seller's plant. If Seller fails to perform or act as required in (i) or (ii) above and does not cure such failure within a period of ten (10) days (or such longer period as Buyer may authorize in writing) after receipt of notice from Buyer specifying such failure, Buyer shall have the right to replace or repair such Contract Work and charge to Seller the cost occasioned Buyer thereby.
Back to top PART B: PERFORMANCE AT BUYER’S FACILITIES AND ON VESSELS
In the event that Seller, its employees, agents or suppliers (including delivery persons), enters any facility owned, leased or operated by Buyer, including any Vessel, Seller shall comply with the following additional terms and conditions.
The following provisions supplement the provisions contained in Part B of NASSCO Military Shipbuilding/Ship Repair Programs Purchase Order General Terms and Conditions.
- Security.
Seller agrees to fully comply, and is responsible for the compliance of its subcontractors, with the provisions of Buyer's Access Control Plan throughout the duration of performance of this Contract at Buyer's facilities.PART C: PRIME CONTRACT CLAUSES
The following clauses are flowed down pursuant to the requirements of the Prime Contract.
- Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (FAR 52.203-11)
The following certification applies to Contracts in excess of $100,000.
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- The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, included in this Contract are hereby incorporated by reference in paragraph (b) of this certification.
- Seller, by accepting this Contract, hereby certifies to the best of its knowledge and belief that on or after December 23, 1989:
- No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement;
- If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an Officer or employee of any agency, a Member of Congress, an Officer or employee of Congress, or any employee of a Member of Congress on his or her behalf in connection with this Contract, Seller shall complete and submit, with its offer, the OMB Standard Form LLL, Disclosure of Lobbying Activities, to the Buyer; and
- Seller will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. All disclosures shall be forwarded from tier to tier until Buyer has received all lower tier disclosure forms.
- Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, Title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000 for each such failure.
PART D: INCORPORATED FAR AND DFARS CLAUSES
The following clauses are flowed down pursuant to the requirements of the Prime Contract.
The following clauses of the FAR and DFARS are hereby incorporated into this Contract by reference as if given in full text, subject to the following definitions, and subject to the particular limitations and modifications indicated. The full text of FAR and DFARS clauses may be accessed electronically at the following internet websites:
- Definitions.
The following terms will have the meanings indicated in each of the following clauses as modified:
- "Contract" means this Contract.
- "Contractor" means Seller.
- "Contracting Officer" means Buyer.
- "Government" means Buyer.
- "Subcontractor" means Seller's subcontractors.
Back to top - DFARS Clauses - Commercial Items.
Pursuant to DFARS clause 252.244-7000, only the following DFARS clauses are applicable to Contracts solely for "Commercial Items" or "Commercial Components" as defined by FARclause 52.202-1.
252.225-7014 Preference for Domestic Specialty Metals (MAR 1998), and Alternate I (MAR 1998)
252.247-7023 Transportation of Supplies by Sea (MAR 2000)
252.247-7024 Notification of Transportation of Supplies by Sea
(MAR 2000) - DFARS Clauses - Noncommercial Items.
Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies (MAR 1999)
Disclosure of Information (DEC 1991)
252.209-7000 Acquisition from Subcontractors Subject to On-Site Inspection under the Intermediate-Range Nuclear Forces (INF) Treaty (NOV 1995)
252.209-7004 252.215-7000 Pricing Adjustments (DEC 1991)
252.219-7003 Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (DOD Contracts) (APR 1996)
252.225-7001 Buy American Act and Balance of Payments Program (MAR 1998)
252.225-7002 Qualifying Country Sources as Subcontractors (DEC 1991) 252.225-7009 Duty-Free Entry—Qualifying Country Supplies (End Products and Components) (AUG 2000)
252.225-7010 Duty-Free Entry--Additional Provisions (AUG 2000)
252.225-7012 Preference for Certain Domestic Commodities (AUG 2000)
252.225-7014 Preference for Domestic Specialty Metals (MAR 1998) and Alternate I (MAR 1998)
252.225-7015 Preference for Domestic Hand or Measuring Tools (DEC 1991)
252.225-7016 Restriction on Acquisition of Ball and Roller Bearings (DEC 2000)
252.225-7022 Restriction on Acquisition of Polyacrylonitrile (PAN) Carbon Fiber (JUN 1997)
252.225-7025 Restriction on Acquisition of Forgings (JUN 1997)
252.225-7026 Reporting of Contract Performance Outside the United States (MAR 1998)
252.225-7031 Secondary Boycott of Israel (JUN 1992)
252.227-7013 Rights in Technical Data—Noncommercial Items (NOV 1995)
252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation (JUN 1995)
252.227-7016 Rights in Bid or Proposal Information (JUN 1995)
252.227-7019 Validation of Asserted Restrictions—Computer Software (JUN 1995)
252.227-7027 Deferred Ordering of Technical Data or Computer Software (APR 1988)
252.227-7030 Technical Data--Withholding of Payment (MAR 2000)
252.227-7036 Declaration of Technical Data Conformity (JAN 1997)
252.227-7037 Validation of Restrictive Markings on Technical Data (SEP 1999)
252.231-7000 Supplemental Cost Principles (DEC 1991)
252.243-7001 Pricing of Contract Modifications (DEC 1991)
252.243-7002 Requests for Equitable Adjustment (MAR 1998)
252.244-7000 Subcontracts for Commercial Items and Commercial Components (DOD Contracts) (MAR 2000)
252.246-7001 Warranty of Data (DEC 1991) and Alternate I (DEC 1991)
252.247-7023 Transportation of Supplies by Sea (MAR 2000)
252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000)
- FAR Clauses - Commercial Items.
Only the following FAR clauses are applicable to Contracts solely for "Commercial Items" or "Commercial Components" as defined by FARclause 52.202-1 .
52.219-8 Utilization of Small Business Concerns (OCT 2000) Equal Opportunity (FEB 1999)
Affirmative Action Plan for Disabled Veterans and Veterans of the Vietnam Era (APR 1998)
Affirmative Action for Workers with Disabilities (JUN 1998)
Stop-Work Order (AUG 1989)
Government Delay of Work (APR 1984)
252.247-7024 Termination for Convenience of the Government (Fixed-Price) (SEP 1996)
- FAR Clauses - Noncommercial Items.
Definitions (MAY 2001)
Gratuities (APR 1984)
52.203-5 Covenant Against Contingent Fees (APR 1984)
52.203-6 Restrictions on Subcontractor Sales to the Government (JUL 1995)
52.203-7 Anti-Kickback Procedures (JUL 1995)
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997)
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)
52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 1997)
52.204-2 Security Requirements (AUG 1996)
52.211-5 Material Requirements (AUG 2000)
52.215-2 Audit and Records—Negotiation (JUN 1999)
52.215-10 Price Reduction for Defective Cost or Pricing Data (OCT 1997)
52.215-14 52.215-11 Price Reduction for Defective Cost or Pricing Data—Modifications (OCT 1997)
52.215-15 52.215-12 Subcontractor Cost or Pricing Data (OCT 1997)
52.215-18 52-215-13 Subcontractor Cost or Pricing Data—Modifications (OCT 1997)
52.215-19
52.215-14 Integrity of Unit Prices (OCT 1997) and Alternate I (OCT 1997)52.215-15 Pension Adjustments and Asset Reversions (DEC 1998)
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions (OCT 1997)
52.215-21 Requests for Cost or Pricing Data or Information Other Than Cost or Pricing Data—Modifications (OCT 1997) and Alternate II (OCT 1997)
52.219-8 Utilization of Small Business Concerns (OCT 2000)
52.219-9 Small Business Subcontracting Plan (OCT 2000) and Alternate II (OCT 2000)
52.222-1 Notice to the Government of Labor Disputes (FEB 1997)
52.222-4 Contract Work Hours and Safety Standards Act—Overtime Compensation (SEP 2000)
52.222-19 Child Labor—Cooperation with Authorities and Remedies (FEB 2001)
52.222-21 Prohibition of Segregated Facilities (FEB 1999)
52.222-26 Equal Opportunity (FEB 1999)
52.222-35 Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (APR 1998)
52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)
52.225-13 52.222-37 Employment Reports on Disabled Veterans and Veterans of the Vietnam Era (JAN 1999)
52.223-6 Drug-Free Workplace (MAY 2001)
52.223-11 Ozone-Depleting Substances (MAY 2000)
52.223-12 Refrigeration Equipment and Air Conditioners (MAY 1995)
52.223-14 Toxic Chemical Release Reporting (OCT 2000)
52.225-8 Duty-Free Entry (FEB 2000)
52.225-13 Restrictions on Certain Foreign Purchases (JUL 2000)
52.227-1 Authorization and Consent (JUL 1995)
52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (AUG 1996)
52.230-2 Cost Accounting Standards (APR 1998)
52.230-6 Administration of Cost Accounting Standards (NOV 1999)
52.242-15 Stop-Work Order (AUG 1989)
52.242-17 Government Delay of Work (APR 1984)
52.243-6 Change Order Accounting (APR 1984)
52.244-5 Competition in Subcontracting (DEC 1996)
52.244-6 Subcontracts for Commercial Items and Commercial Components (MAY 2001)
52.246-16 Responsibility for Supplies (APR 1984)
52.248-1 Value Engineering (FEB 2000) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (SEP 1996) 52.249-8 Default (Fixed-Price and Service) (APR 1984) 252.247-7024
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© Copyright and Privacy Notice 2008 NASSCO/General Dynamics Corporation, All Rights Reserved
